[Copy of the Contract with James Baker [undecipherable] Maryland] a true Copy ARTICLES OF AGREEMENT Made on the eighth day of April anno domini, one thousand seven hundred and ninety nine between James M^cHenry Esquire Secretary for the Department of War of the United States of America, of the one part, and James Baker of the City of Baltimore in the State of Maryland of the other part. This agreement witneffeth, that the faid James M^cHenry for and on behalf of the United States of America, and the faid James Baker, for himfelf, his heirs, executors, and adminiftrators, have mutually covenanted and agreed, and by thefe prefents do mutually covenant and agree, to and with each other, as follows. viz. Firft. That the party of the fecond part, his heirs, executors, or adminiftrators, fhall fupply and iffue all rations, to confift of the articles herein after fpecified, that fhall be required of him, for the ufe of the United States, at all, and every place or places, where troops are or or may be ftationed, marched or recruited, within the limits of the State of Maryland ten days notice being given to him, of the poft or place, where rations may be wanted, or the number of troops to be furnifhed on their march, from the day of the date of thefe prefents, until the thirty firft day of December next enfuing inclufive, at the following prices—that is to fay, at any place, where rations fhall be iffued, to an amount not exceeding fifty daily, to be averaged by the whole iffues in each, and every month, Sixteen Cents and five tenths; at any place where the iffue fhall amount to more than Fifty daily, and not exceed two hundred daily, to be averaged in like manner, Sixteen Cents; at any place where the iffue fhall amount to more than two hundred daily, and not exceed four hundred daily, to be averaged in like manner, fifteen Cents; and at any place, where the iffue fhall exceed four hundred daily, to be averaged in like manner, fourteen Cents. Second. That the ration to be furnifhed and delivered by virtue of this contract, fhall confift of the following articles, viz: eighteen ounces of bread or flour, or when neither can be obtained, of one quart of rice, or one and an half pound of fifted or boulted Indian meal, one pound and a quarter of frefh beef, or one pound of falted beef, or three quarters of a pound of falted pork, and when frefh meat is iffued, falt at the rate of two quarts for every hundred rations, foap at the rate of four pounds, and candles at the rate of a pound and an half for every hundred rations; and whenever the commander in chief of the army, or the commanding officer of any feparate detachment, or garrifon thereof, fhall require, half a gill of rum or whifkey, or other ardent fpirits, and whenfoeever fupplies thereof fhall be on hand, vinegar at the rate of two quarts for every hundred rations. It is underftood, and agreed, that when the proper officer fhall make no requifition for ardent fpirits, there fhall be no iffue of the fame, and a reduction in the price of every ration, of which ardent fpirits make no component part, be made of One Cent — Third. That fupplies fhall be furnifhed by the party of the fecond part, at the fortified places and military pofts, that are or may be eftablifhed in the ftate of Maryland upon the requifition of the commandant of the army, or commanding officer of fuch places or pofts refpectively, in fuch quantities as fhall not exceed what is fufficient for the troops to be there ftationed, for the fpace of three months in advance, in good and wholefome provifions, confifting of due proportions, of all the articles forming the ration. It is underftood, that if the contractor fhall have been required to depofIt provifions at one place or poft, and fhall afterwards be required to remove them, to be delivered at another place or poft, the expences of tranfportation to fuch other place or poft, fhall be borne by the United States. Fourth. That no whifkey or ardent fpirits but fuch as the excife has been paid upon, fhall be purchafed by the faid James Baker —— for the purpofes ftipulated in this contract. Fifth. That whenever and as often as the provifions ftipulated to be furnifhed under this contract fhall in the opinion of the commanding officer of the poft or place, where they are offered to be iffued, be unfound or unfit for ufe, a furvey fhall be held thereon by two difinterefted perfons, one to be chofen by the commanding officer, and the other by the faid James Baker — or his agent, and in cafe of difagreement, a third perfon to be chofen by mutual confent, who fhall have power to condemn fuch part of the provifions, as to them may appear unfit for ufe. But if the faid James Baker or his agent, fhall fail or neglect to appoint a perfon, to infpect the faid provifions, after reafonable notice in writing, it fhall be permitted to the faid commanding officer to appoint fuch perfons as he may think proper, to infpect the provifions, under oath, with power to condemn as aforefaid. Sixth. That the commanding officer at each poft or place, in cafe of abfolute failure or deficiency in the quantity of provifions contracted to be delivered and iffued, fhall have power to fupply the deficiency by purchafe, at the rifque and on account of the faid James Baker — Seventh. That whenever any articles conftituting the whole or any part of the ration, fhall be withheld from the officers and foldiers, due bills fhall be given therefor, payable within two months, by delivery of the articles withheld. If at the expiration of the faid two months, the contractor or his agent, fhall not deliver the articles expreffed in the faid due bills, within ten days after demand being made therefor, payment for the articles fo withheld, fhall be made in money by the contractor or his agent, at the contract price. Eighth. That all loffes fuftained by the depredations of an enemy, or by means of the troops of the United States, in articles intended to compofe rations, to be iffued under this contract, being the property of the contractor, as well as in other property neceffarily ufed in tranfporting the fame, fhall be paid for at the contract price of the rations, or the component parts, and at an appraifed value of the other articles, on the depofition of one or more creditable characters, and the certificate of a commiffioned officer, when the fame can be obtained, afcertaining the circumftances of the lofs, and the amount of the articles for which compenfation is claimed. Ninth. That efcorts and guards for the fafety of the provifions, and for the protecting of the cattle againft an enemy, fhall be furnifhed whenever in the opinion of the commanding officer of the army, or of any poft to whom application may be made, the fame can be done, without prejudice to the fervice and that the party of the fecond part fhall not be anfwerable for any deficiency of fupplies at any of the faid pofts or places, if it fhall appear upon fatisfactory proof, that fuch deficiency was occafioned by the want of proper efcorts and guards. Tenth. That at all ftationary pofts, proper ftore-houfes fhall be provided on behalf of the public for the reception and fafe keeping of the provifions depofited from time to time, at fuch pofts refpectively. Eleventh. That the party of the fecond part, his executors or adminiftrators fhall render his accounts to the accountant of the department of war, for fettlement at leaft once in every three months, agreeably to fuch form as by the comptroller of the treafury may be eftablifhed and made known to him. Twelfth. That the party of the fecond part fhall provide quarters for the foldiers or recruits that may be at any time, at any recruiting rendezvous, where he is required to fupply and iffue rations, and alfo, the means of tranfportation for the foldiers or recruits, on their removal from the fame—and alfo, fupplies of fuel and ftraw, in quantities prefcribed by regulations adopted by the department of war, with which he will be furnifhed, and it is agreed, that he fhall be allowed, on the fettlement of his accounts, the monies he fhall actually pay for the quarters, and tranfportation provided, and the fupplies of fuel and ftraw, agreeably to the regulation mentioned, furnifhed by him, and alfo a commiffion of two and one half per cent on the monies difburfed by him for the fame. Thirteenth. That all fuch advances of money as may be made to the faid James Baker for and on account of the fupplies to be furnifhed, purfuant to this contract, and all fuch fums of money, as the commanding officer of the troops or recruits that are or may be within the ftate of Maryland may caufe to be difburfed in order to procure fupplies in confequence of any failure on the part of the faid James Baker —— in complying with the requifitions herein contained, fhall be duly accounted for by him, by way of fet off, againft the amount of fuch fupplies, and the furplus, if any, repaid to the United States, immediately after the expiration of the term of this contract, together with an intereft at the rate of fix per centum per annum, from the time of fuch expiration until the fame fhall be actually repaid. And that if any balance fhall on any fettlement of the accounts of the faid James Baker —— his executors or adminiftrators, be found to be due to him or them, for or on account of the rations, which fhall be fupplied purfuant to this agreement, the fame fhall immediately be paid. And that no unreafonable or unneceffary delay on the part of the officers of the United States, fhall be given to the fettlement of the accounts of the faid party of the fecond part, his executors or adminiftrators. In Witnefs &c —— Signed. James M^cHenry James Baker [Seal]